The minister of the Federal Supreme Court (STF) Alexandre de Moraes determined on Monday, 16, the extension of the fake news investigation for another 180 days and indicated the end of the controversial investigation. The judge ordered the extension of the deadline for the Federal Police (PF) to collect the statements of another 20 people, complete the necessary steps and analyze the information obtained through breach of tax and banking secrecy.
In a note, the STF stated that the minister determined “the purpose of finalizing the investigations into proving the existence, financing and modus operandi of the ‘hate office’, as well as all its participants”.
Established to investigate the dissemination of fake news against ministers of the Federal Supreme Court, the fake news inquiry has generated controversy since its inception. The case was opened ex officio – that is, without a request from the Public Ministry – by the then President of the Court, Dias Toffoli, in March 2019. Furthermore, Minister Alexandre de Moraes was appointed rapporteur of the case without drawing lots. The practices contradict the conventional rite of the Supreme Court. Moraes, in turn, says that TSE has “police power” and that the requested reports were “official and regular”.
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As Estadão showed, the investigation has already been processed under secrecy for more than five years. The investigation is currently one of the longest-running processes at the STF.
On the 9th, the president of the Supreme Court, Luís Roberto Barroso, said that the fake news investigation “is taking time” to complete, but considered that the facts that justify the investigation “have multiplied”.
The long-lasting inquiry derives from successive requests for measures made by reporting minister Alexandre de Moraes, which, consequently, means that PF agents have more time to comply with the demands.
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The PF argues that “this is a judicial investigation conducted by the magistrate himself, as provided for by law” and that it only fulfills “specific steps authorized or requested by the reporting minister, for which a deadline is eventually requested for completion, considering its complexity ”.
“The investigations have been gradually closed, as the investigations of the different petitions are completed. It is not the responsibility of the Federal Police to close a judicial investigation”, says the corporation.
The PF’s arguments support the criticisms made by jurists that Moraes concentrates powers and prerogatives in conducting the case. The main reservations are that the minister is at the same time police chief, prosecutor and judge in the case.
